Justices vacate transfer in third appeal of Fort Wayne foreclosure case
The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.
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History-loving attorneys tell the stories of people, places past
After a day of serving clients, these lawyers scroll through microfilm at the local library or go online researching people and places. They then become storytellers who weave together the nuggets of information and tidbits of clues about an individual or incident.
Lawyers’ divorce battle divides COA on joint custody ruling
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
Justices rule in favor of sewer facility operator in condemnation action
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
COA affirms dismissal for lack of personal jurisdiction
The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.
Nursing student loses appeal of dismissal from Purdue
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
Woman suing for unpaid wages passes ‘duck test’
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
IDEM’s application of new antidegradation rule raising ire
After more than 10 years of protracted and, at times, contentious debate, Indiana finalized protections for some of its most clean waters. But less than a year after taking effect, a short letter denying an antidegradation application has unleashed criticism that the state is not implementing the rule as intended.
7th Circuit affirms ruling for officers on excessive force claims
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
COA splits over reversing possession conviction
A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
Shootings put safety on lawyers’ radar
Two separate shootings involving Fort Wayne attorneys highlight the need for lawyers to use common sense when it comes to protecting themselves.
Indiana Tech breaks ground on law school
The school’s dean says its different educational model will attract students.
Faegre Baker Daniels attorney’s home is target of shooting
The home of an attorney at Faegre Baker Daniels in Fort Wayne was shot at Tuesday morning. Police are exploring whether the shooting is connected to an incident last month in a neighboring subdivision in which a Faegre Baker Daniels attorney was shot in his garage.
Proposed law school building at Indiana Tech approved
The Fort Wayne Board of Zoning Appeals has unanimously approved Indiana Tech’s plans to build a new law school on its campus in the northeastern Indiana city.
Attorney recovering after shooting
A Fort Wayne attorney shot Tuesday morning at his home is recovering from his injuries, which are not life threatening.
Indiana Tech’s new law school will be on Ft. Wayne campus
Indiana Tech officials announced Tuesday that the school will build a 70,000-square-foot, $15 million facility on its main campus in Ft. Wayne to house its new law school.
COA: trial courts can limit administrative review
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
COA upholds attorney’s 11-year sentence
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
Illinois attorney to lead Indiana Tech law school
The former dean of Southern Illinois University School of Law has been chosen as dean for Indiana Tech’s new law school, school officials announced Friday morning.
Court rules on duty of care for healthy trees in residential areas
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.